Himachal Pradesh High Court
Nurpur vs State Of Himachal Pradesh on 12 October, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 12th DAY OF OCTOBER, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No.6411 of 2022
Between:-
SANDEEP SINGH AGED 21 YEARS
SON OF SHRI ANGREJ SINGH,
RESIDENT OF VILLAGE CHAKWAN
BASSS, P.O. THORA, TEHSIL
NURPUR, DISTRICT KANGRA, H.P.
......PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE
ON BEHALF OF MR. SURENDER K.
SHARMA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL
SECRETARY (EDUCATION) TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-171 002
2. DIRECTOR OF ELEMENTARY
EDUCATION HIMACHAL PRADESH,
LALPANI, SHIMLA-171001
3. SELECTION COMMITTEE FOR
APPOINTMENT OF PART TIME MULTI
TASK WORKER IN GOVERNMENT
PRIMARY SCHOOL CHAKWAN, P.O.
THORA, TEHSIL NURPUR, DISTRICT
KANGRA, H.P., THROUGH ITS
CHAIRMAN, SUB DIVISIONAL
OFFICER (CIVIL) NURPUR, DISTRICT
KANGRA, H.P.
::: Downloaded on - 12/10/2022 20:06:42 :::CIS
2
4. SMT. LATA DEVI WIFE OF SHRI
SANJEEV KUMAR, RESIDENT OF
VILLAGE CHAKWAN BASSS, P.O.
THORA, TEHSIL NURPUR, DISTRICT
KANGRA, H.P.
.
......RESPONDENTS
(BY MR. ANIL JASWAL,
ADDITIONAL ADVOCATE GENERAL)
This petition coming on for admission this day, Hon'ble
Ms. Justice Sabina, passed the following:
ORDER
Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following relief:-
"i). That writ in the nature of certiorari may kindly be issued, quashing and setting aside the office order dated 21.07.2022 (Annexure P-8).
ii) That writ in the nature of mandamus may kindly be issued, directing the respondents to give appointment to the petitioner to the post of Part time Multi Task Worker in Government Primary School Chakwan, P.O. Thora, Tehsil Nurpur, District Kangra, H.P."
2. Learned counsel for the petitioner has submitted that now vide Addendum dated 25th August, 2022, Rule-19 has been added to the Policy and as per the said Rule, appeal can be filed before the Additional District Magistrate (ADM) of the District within 15 days of the selection/appointment. In the present case, the result was declared on 21st July, 2022. Hence, the petitioner would not be able to avail the benefit of newly added Rule-19. Learned counsel has further submitted that the petitioner will approach the Additional ::: Downloaded on - 12/10/2022 20:06:42 :::CIS 3 District Magistrate, Kangra at Dharamshala, by way of an appeal within 15 days from today and the same should not be rejected by the competent authority on the ground that it is time barred as Rule .
19 has been incorporated on 25th August, 2022.
3. Rule-19, provided vide Addendum dated 25th August, 2022, reads as under:-
" ADDENDUM In partial modification of this Department's Notification No. EDN-C-B(1)2/2019 dated 16 th July, 2020 (as updated upto 11th March, 2022), the Governor, Himachal Pradesh is pleased to add "Rule-19 Appellate Authority" in the Part Time Multi Task Workers Policy, 2020 as under:
19. Appellate Authority:
The appeal in respect of complaints relating to PTMTW selection/appointment etc. should be made to the Additional District Magistrate (ADM) of the district within 15 days of the selection/appointment. The appeal will be considered by the Additional District Magistrate (ADM) of the district and disposed off within 30 days from its receipt with suitable directions. If the complainant is not satisfied with the outcome, then he/she may file an appeal with the Director of Higher/Elementary Education, as the case may be, within 15 days from the decision of the Additional District Magistrate (ADM). The appellate authority may dispose off the appeal within 60 days after hearing the appellant.
By Order Devesh Kumar, IAS Pr. Secretary (Education) to the Government of Himachal Pradesh."::: Downloaded on - 12/10/2022 20:06:42 :::CIS 4
4. Keeping in view the submissions made by learned counsel for the petitioner, we deem it appropriate to dispose of the .
writ petition by permitting the petitioner to approach Additional District Magistrate, Kangra at Dharamshala, by way of an appeal within 15 days from today and the said authority will dispose of the appeal in terms of Rule 19, provided vide Addendum dated 25th August, 2022.
5. It is clarified that the appeal filed by the petitioner would not be rejected on the ground of delay, but would be disposed of on merits.
6. Pending miscellaneous application(s), if any, shall also stand disposed of.
(Sabina) Judge (Sushil Kukreja) Judge October 12, 2022(ps) ::: Downloaded on - 12/10/2022 20:06:42 :::CIS